一、法条链接
《中华人民共和国刑法》第二百七十四条 敲诈勒索公私财物,数额较大的,处三年以下有期徒刑、拘役或者管制;数额巨大或者有其他严重情节的,处三年以上十年以下有期徒刑。
[编辑本段]二、概念及其构成
敲诈勒索罪,是指以非法占有为目的,对被害人使用威胁或要挟的方法,强行索要公私财物的行为。
(一)客体要件
本罪侵犯的各体是复杂客体,不仅侵犯公私财物的所有权,还危及他人的人身权利或者其他权益。这是本罪与盗窃罪、诈骗罪不同的显著特点之一。本罪侵犯的对象为公私财物。
(二)客观要件
本罪在客观方面表现为行为人采用威胁、要挟、恫吓等手段,迫使被害人交出财物的行为。
威胁,是指以恶害相通告迫使被害人处分财产,即如果不按照行为人的要求处分财产,就会在将来的某个时间遭受恶害。威胁内容的种类没有限制,包括对被害人及其亲属的生命、身体自由、名誉等进行威胁,威胁行为只要足以使他人产生恐惧心理即可,不要求现实上使被害人产生了恐惧心量。威胁的内容是将由行为人自己实现,还是将由他人实现在所不问,威胁内容的实现也不要求自身是违法的,例如,行为人知道他人的犯罪事实,向司法机关告发是合法的,但行为人以向司法机关告发进行威肋索取财物的,也成立敲诈勒索罪。威胁的方法没有限制,既可能是明示的,也可能是暗示的;既可以便用语言文字,也可以使用动作手势;既可以直接通告被害人,也可以通过第三者通告被害人。威胁的结果,是使被害人产生恐惧心理,然后为了保护目己更大的利益而处分自己的数额较大的财产,进而行为人取得财产。被害人处分财产,并不限于被害人直接交付财产,也可以是因为恐惧而默许行为人取得财产,还可以是与被害人有特别关系的第三者基于被害人的财产处分意思交付财产。行为人敲诈勒索数额较小的公私财物的,不以犯罪论处。
First, law link
"People's Republic of China Criminal Law," the 274th article of extortion of public and private property, the larger the amount, to three years imprisonment, criminal detention or control; a huge amount, or any other serious cases, three have a period of more than 10 years Years in prison.
[Edit this paragraph] Second, the concept and its components
The crime of extortion, refers to the illegal possession for the purpose of the victims of the threat or use of the method of coercion, force asked for public and private property.
(A) the object of the Elements
Of the crime of violation of the body is a complicated object, not only violations of the public and private property ownership, but also endanger other people's personal rights or other rights and interests. This is a crime and theft, fraud significantly different characteristics. Violations of this crime will be targeted at public and private property.
(B) an objective element
Objective in this crime have demonstrated for the perpetrator used threats, blackmail, intimidation and other means to force the victim to hand over property.
Threat is the evil in order to harm the victim with a circular action to force property, that is, if we do not act in accordance with the request of property disposition, in the future will be a bad time to suffer harm. A threat to no restrictions on the types of content, including relatives of the victims and their lives, freedom of the body, such as the reputation of the threat, a threat sufficient to act as long as other people have to fear, so that the reality does not require the victim had a heart amount of fear. The threat is people will act to achieve their own or other people will not realize ask, is not a threat to the realization of the contents of the request itself is against the law, for example, the perpetrator was aware of other people's crimes and the judiciary to information is legitimate, but The perpetrator to the judiciary to information obtained from the rib-wai for the property, but also the establishment of the crime of extortion. The method does not limit the threat, not only may be expressed or implied may be; can in order to use language can also use motion gestures; can notice a direct victim, or through a third party notice of the victim. The results of the threat, is to have a fear of the victim, and then head to protect the greater interests of their own actions and its own large amounts of property, and obtaining property by the perpetrator. Disposition of property of the victim, the victim is not limited to direct delivery of property, it could be because the actors fear the acquiescence of obtaining property, but also is a special relationship between the victim and the victim based on the property of a third party action means the delivery of the property. Acts of extortion were relatively small amounts of public and private property, no crime to be punished.
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